Search

Begin New Search Topic Migration Political Geography North America

61. Point of No Return: The Fear and Criminalization of Central American Refugees

Author:
Center for Migration Studies of New York
Publication Date:
06-2017
Content Type:
Working Paper
Institution:
Center for Migration Studies of New York
Abstract:
The purpose of this study was to ascertain the challenges faced by Central American migrants who returned home after failing to gain asylum or other international protection in the United States or Mexico. Cristosal interviewed individuals who fled from El Salvador, Guatemala, and Honduras under threats of violence and persecution and had been deported back to their country of origin to determine why they fled their homelands, why they could not secure asylum, and on their situations post-return. In the context of mass migration from these countries, the study used in- depth interviews to understand the different ways in which people experienced the violence and fear that forced them to flee and how their responses upon “voluntary return” or deportation back to their country of origin were shaped by that same violence. While there are many studies on the flight of persons from the Northern Triangle of Central America (NTCA), little is known about the experience of refugees who cannot secure protection in another country and are deported to their home country, from which they originally fled. What are the psychosocial, security, and human rights consequences for people who migrated out of fear for their lives and were then forced to return to the situation that forced them to flee?
Topic:
Migration, Regional Cooperation, Immigration, and Humanitarian Crisis
Political Geography:
United States, Central America, North America, Mexico, Honduras, Guatemala, and El Salvador

62. Immigration Policy and Agriculture: Possible Directions for the Future

Author:
Philip Martin
Publication Date:
01-2017
Content Type:
Working Paper
Institution:
Center for Migration Studies of New York
Abstract:
Presidential candidate Trump in 2016 promised to prevent unauthorized migration and deport unauthorized foreigners in the United States, and President Trump issued executive orders after taking office in January 2017 that could lead to a 2,000-mile wall on the Mexico-US border and the removal of many of the 11 million unauthorized foreigners, including one million who work in US agriculture. This paper emphasizes that, especially agriculture in the western United States, has long relied on newcomers to fill seasonal farm jobs. The slowdown in Mexico-US migration since 2008-09 means that there are fewer flexible newcomers to supplement the current workforce, which is aging and settled. Farm employers are responding by offering bonuses to satisfy current workers, stretching them with productivity-increasing tools, substituting machines for workers, and supplementing current workforces with legal H-2A guest workers. Immigration policy will influence the choice between mechanization, guest workers, and imports. Several factors suggest that the United States may be poised to embark on another large-scale guest worker program for agriculture. If it does, farmers should begin to pay Social Security and Unemployment Insurance (UI) taxes on the wages of H-2A workers to foster mechanization and development in the workers’ communities of origin by dividing these payroll taxes equally between workers as they depart and commodity-specific boards. Worker departure bonuses could be matched by governments in migrant-sending areas to promote development, and commodity-specific boards could spend monies to reduce dependence on hand labor over time. The economic incentives provided by payroll taxes could help to usher in a new and better era of farm labor.
Topic:
Migration, Border Control, Refugees, and Domestic Politics
Political Geography:
United States, Central America, and North America

63. US Immigration Policy and the Case for Family Unity

Author:
Zoya Gubernskaya and Joanna Dreby
Publication Date:
01-2017
Content Type:
Journal Article
Journal:
Journal on Migration and Human Security
Institution:
Center for Migration Studies of New York
Abstract:
As the Trump administration contemplates immigration reform, it is important to better understand what works and what does not in the current system. This paper reviews and critically evaluates the principle of family unity, a hallmark of US immigration policy over the past 50 years and the most important mechanism for immigration to the United States. Since 1965, the United States has been admitting a relatively high proportion of family-based migrants and allowing for the immigration of a broader range of family members. However, restrictive annual quotas have resulted in a long line of prospective immigrants waiting outside of the United States or within the United States, but without status. Further policy changes have led to an increasing number of undocumented migrants and mixed-status families in the United States. Several policies and practices contribute to prolonged periods of family separation by restricting travel and effectively locking in a large number of people either inside or outside of the United States. On top of that, increasingly aggressive enforcement practices undermine family unity of a large number of undocumented and mixed-status families. Deportations — and even a fear of deportation — cause severe psychological distress and often leave US-born children of undocumented parents without economic and social support. A recent comprehensive report concluded that immigration has overall positive impact on the US economy, suggesting that a predominantly family-based migration system carries net economic benefits. Immigrants rely on family networks for employment, housing, transportation, informal financial services, schooling, childcare, and old age care. In the US context where there is nearly no federal support for immigrants’ integration and limited welfare policies, family unity is critical for promoting immigrant integration, social and economic well-being, and intergenerational mobility. Given the benefits of family unity in the US immigrant context and the significant negative consequences of family separation, the United States would do well to make a number of changes to current policy and practice that reaffirm its commitment to family unity. Reducing wait times for family reunification with spouses and children of lawful permanent residents, allowing prospective family-based migrants to visit their relatives in the United States while their applications are being processed, and providing relief from deportation and a path to legalization to parents and spouses of US citizens should be prioritized. The cost to implement these measures would likely be minor compared to current and projected spending on immigration enforcement and it would be more than offset by the improved health and well-being of American families.
Topic:
Migration, Border Control, Refugees, Family, and Humanitarian Crisis
Political Geography:
United States, Central America, and North America

64. Weeping in the Playtime of Others: The Obama Administration’s Failed Reform of ICE Family Detention Practices

Author:
Dora Schriro
Publication Date:
01-2017
Content Type:
Working Paper
Institution:
Center for Migration Studies of New York
Abstract:
The United States has long struggled with the practice of detaining immigrant families and over time, most reform efforts have flagged, if not failed. This paper examines the impact of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 (IIRIRA) through an exploration of the evolution of the family residential center (FRC) for families in immigration custody, established prior to the 9/11 terrorist attack by the Immigration and Naturalization Service (INS), and expanded by Immigration and Customs Enforcement (ICE) in its aftermath. The paper provides an inside look at how policymakers, at various points in the Obama administration, sought to roll back its most infirm practices and the fate of those efforts. It begins with a brief history of family detention in the United States, continues with a summary of the reforms undertaken both early and late in the Obama administration, and examines the significant challenges it faced and the less progressive positions it adopted during its first and second terms in office. The paper concludes with a discussion of reasons for the rapid reversal of its previous reforms and provides recommendations to achieve a civil, civil system of immigration enforcement for families and all others, which means nothing less than the transformation of the immigrant detention system from a criminal to a civil paradigm, consistent with the population and legal authorities.[1] The need for such an effort is all the more urgent in light of executive actions taken in the early days of the Trump administration and their initial outcomes. Among those thwarting admissions are orders to Customs and Border Protection (CBP) and US Citizenship and Immigration Services (USCIS) to seal the US borders, shun refugees fleeing from war-torn regions until “extreme vetting” measures are put into place, and reassess others who have already been issued visas. Additional orders issued to ICE expanded and expedited the removal of persons whose conduct could result in charges or convictions as well as those with criminal charges or convictions, resulting in a 38 percent increase in arrests by ICE agents within the first 100 days of the Trump administration (Dickerson 2017b; Duara 2017).
Topic:
Migration, Border Control, and Family
Political Geography:
United States, Central America, and North America

65. Making Immigrants into Criminals: Legal Processes of Criminalization in the Post-IIRIRA Era

Author:
Leisy Abrego, Mat Coleman, and Daniel Martínez
Publication Date:
01-2017
Content Type:
Journal Article
Journal:
Journal on Migration and Human Security
Institution:
Center for Migration Studies of New York
Abstract:
During a post-election TV interview that aired mid-November 2016, then President-Elect Donald Trump claimed that there are millions of so-called “criminal aliens” living in the United States: “What we are going to do is get the people that are criminal and have criminal records, gang members, drug dealers, we have a lot of these people, probably two million, it could be even three million, we are getting them out of our country or we are going to incarcerate.” This claim is a blatant misrepresentation of the facts. A recent report by the Migration Policy Institute suggests that just over 800,000 (or 7 percent) of the 11 million undocumented individuals in the United States have criminal records. Of this population, 300,000 individuals are felony offenders and 390,000 are serious misdemeanor offenders — tallies which exclude more than 93 percent of the resident undocumented population (Rosenblum 2015, 22-24).[1] Moreover, the Congressional Research Service found that 140,000 undocumented migrants — or slightly more than 1 percent of the undocumented population — are currently serving time in prison in the United States (Kandel 2016). The facts, therefore, are closer to what Doris Meissner, former Immigration and Naturalization Service (INS) Commissioner, argues: that the number of “criminal aliens” arrested as a percentage of all fugitive immigration cases is “modest” (Meissner et al. 2013, 102-03). The facts notwithstanding, President Trump’s fictional tally is important to consider because it conveys an intent to produce at least this many people who — through discourse and policy — can be criminalized and incarcerated or deported as “criminal aliens.” In this article, we critically review the literature on immigrant criminalization and trace the specific laws that first linked and then solidified the association between undocumented immigrants and criminality. To move beyond a legal, abstract context, we also draw on our quantitative and qualitative research to underscore ways immigrants experience criminalization in their family, school, and work lives. The first half of our analysis is focused on immigrant criminalization from the late 1980s through the Obama administration, with an emphasis on immigration enforcement practices first engineered in the 1990s. Most significant, we argue, are the 1996 Illegal Immigration Reform and Immigration Responsibility Act (IIRIRA) and the 1996 Antiterrorism and Effective Death Penalty Act (AEDPA). The second section of our analysis explores the social impacts of immigrant criminalization, as people’s experiences bring the consequences of immigrant criminalization most clearly into focus. We approach our analysis of the production of criminality of immigrants through the lens of legal violence (Menjivar and Abrego 2012), a concept designed to understand the immediate and long-term harmful effects that the immigration regime makes possible. Instead of narrowly focusing only on the physical injury of intentional acts to cause harm, this concept broadens the lens to include less visible sources of violence that reside in institutions and structures and without identifiable perpetrators or incidents to be tabulated. This violence comes from structures, laws, institutions, and practices that, similar to acts of physical violence, leave indelible marks on individuals and produce social suffering. In examining the effects of today’s ramped up immigration enforcement, we turn to this concept to capture the violence that this regime produces in the lives of immigrants. Immigrant criminalization has underpinned US immigration policy over the last several decades. The year 1996, in particular, was a signal year in the process of criminalizing immigrants. Having 20 years to trace the connections, it becomes evident that the policies of 1996 used the term “criminal alien” as a strategic sleight of hand. These laws established the concept of “criminal alienhood” that has slowly but purposefully redefined what it means to be unauthorized in the United States such that criminality and unauthorized status are too often considered synonymous (Ewing, Martínez, and Rumbaut 2015). Policies that followed in the 2000s, moreover, cast an increasingly wider net which continually re-determined who could be classified as a “criminal alien,” such that the term is now a mostly incoherent grab bag. Simultaneously and in contrast, the practices that produce “criminal aliens” are coherent insofar as they condition immigrant life in the United States in now predictable ways. This solidity allows us to turn in our conclusion to some thoughts about the likely future of US immigration policy and practice under President Trump.
Topic:
Migration, Refugees, and Criminal Justice
Political Geography:
United States, Central America, and North America

66. Redefining the Relationship for Prosperity in North America/Redefiniendo la relación para la prosperidad de Norteamérica

Author:
COMEXI
Publication Date:
12-2017
Content Type:
Special Report
Institution:
Mexican Council on Foreign Relations (COMEXI)
Abstract:
T he Mexican Council on Foreign Relations (COMEXI, for its acronym in Spanish) submits for the consideration of political and business leaders, as well as of public opinion, ideas to help guide the U.S.-Mexico relationship in the new binational context. The initiative is made up of general guidelines, as well as a series of specific recommendations for each of the main components of the relationship: NAFTA, Security, Migration, Border, Consulates and Communications. Because of the impending NAFTA re-negotiations, the chapter related to trade is much more detailed, and much longer, than the other position papers. For this reason, we have chosen to keep the recommendations and quotes from the text of the agreement within the main body of the text. The issues are, by nature, technical and detail-driven. The upshot is one of the most complete papers that has been published on the topic in recent times. We are confident that it will become required reading during the long negotiation process that is just beginning. This English-language compendium contains a complete translation of the original text in Spanish. Our guiding principle is that what is good for Mexico is good for the rest of North America, and vice versa. For this reason, we are fostering this dialogue in both languages, confident that a mutually beneficial, “win-win” view of the relationship will ultimately prevail for the benefit of the 475 million inhabitants of our region. // E l Consejo Mexicano de Asuntos Internacionales presenta su propuesta para conducir la relación bilateral México-Estados Unidos en el nuevo contexto. El proyecto está integrado por un planteamiento global y una serie de recomendaciones específicas para cada uno de los principales componentes de la relación: TLCAN, Seguridad, Migración, Frontera, Consulados y Comunicación. En virtud de la necesidad inmediata de implementar estrategias relativas al inminente proceso de renegociación del TLCAN, el documento en esta materia es mucho más amplio, detallado y específico. Por esa razón, decidimos mantener el cúmulo de observaciones y citas en el cuerpo del texto, ya que el tema es, por naturaleza, técnico y minucioso. Este es uno de los documentos más completos que se han publicado recientemente sobre el TLCAN y confiamos en que se convertirá en un referente obligado durante el largo proceso de negociación que se avecina. Este conjunto de ensayos representa la culminación del trabajo de COMEXI, liderado por su presidente, Luis Rubio. Surge gracias a la amplia participación de los miembros del Consejo y reconocidos expertos, quienes se organizaron por tema para dar a luz los trabajos aquí integrados. Es menester, también, reconocer el trabajo coadyuvante de la directora del COMEXI, Mariana Campero y de Miguel Toro, cuyos esfuerzos para editar y homologar los trabajos fueron fundamentales.
Topic:
Security, Migration, International Affairs, Communications, NAFTA, and Borders
Political Geography:
North America and Mexico

67. A Medium- and Long-Term Plan to Address the Central American Refugee Situation

Author:
Dan Restrepo and Silva Mathema
Publication Date:
05-2016
Content Type:
Working Paper
Institution:
Center for American Progress - CAP
Abstract:
It is impossible to understand the flow of refugees emanating from Guatemala, Honduras, and El Salvador—collectively, known as the Northern Triangle of Central America—without understanding the security and economic conditions in each of the three countries. Despite important differences, the three Northern Triangle countries are among the poorest in the Americas and the most violent in the world. Based on statistics from the U.N. Office on Drugs and Crime, or UNODC, Guatemala, Honduras, and El Salvador were three of the five most dangerous countries in the world in 2013—the last year for which U.N. statistics are available. That year, Honduras had the world’s highest per capita homicide rate, at 90.4 homicides per 100,000 people; El Salvador ranked fourth, with a rate of 41.2 homicides per 100,000 people; and Guatemala was fifth, with a rate of 39.9 homicides per 100,000 people. Since then, the situation in El Salvador has dramatically worsened following the 2014 breakdown of a 2012 truce between two of its largest and most powerful street gangs: MS-13 and Barrio 18. In 2015, El Salvador became the most dangerous country in the Western Hemisphere, with a homicide rate of 108.5 per 100,000. This made it 24 times more dangerous than the United States, which had a homicide rate of 4.5 per 100,000 in 2014. The violence in some of these countries’ cities is even worse. For example, San Salvador, the capital city of El Salvador, averaged one murder every hour in August 2015—the highest number of murders since the end of the country’s horrific civil war in 1992.5 The 2015 homicide rates in both Honduras and Guatemala improved to 62.5 and 29.2 homicides per 100,000 people, respectively.
Topic:
Migration, Border Control, Refugee Crisis, and Humanitarian Crisis
Political Geography:
Central America, North America, Honduras, El Salvador, and United States of America

68. A Short-Term Plan to Address the Central American Refugee Situation

Author:
Philip E. Wolgin
Publication Date:
05-2016
Content Type:
Working Paper
Institution:
Center for American Progress - CAP
Abstract:
Over the past half-decade, rising violence and structural poverty in the Northern Triangle region of Central America—which encompasses El Salvador, Honduras, and Guatemala—have pushed thousands of children and families to flee for safety. These three countries are some of the most dangerous on the planet, with high rates of homicide and specifically femicide—the killing of women and girls. Violence, corruption, and extortion play a big part in everyday life. Since 2014, more than 120,000 children and another 120,000 people in family units from this region have arrived in the United States seeking protection. The flow of these asylum seekers peaked in fiscal year 2014 before dipping, perhaps temporarily, in FY 2015. This drop occurred not because conditions improved in the region but because of a sustained effort by the U.S. government—with the help of Mexico and the Northern Triangle countries—to stop people from making the dangerous journey or to intercept them on the way to the United States. This year, in FY 2016, the numbers of children and families arriving in the United States have begun to rise again as conditions in the region continue to deteriorate. This report lays out short-term recommendations for ensuring that all asylum seekers who reach the United States receive a full and fair shot at protection. The recommendations are structured to follow the process that children and families go through when seeking protection: arrival in the United States, custody determinations and detention, and proceedings in the immigration courts.
Topic:
Migration, Border Control, Refugee Crisis, and Humanitarian Crisis
Political Geography:
Central America, North America, Honduras, Guatemala, El Salvador, and United States of America

69. The Central American Humanitarian Crisis and US Policy Responses

Author:
Kevin Appleby, Leonir Chiarello, and Donald Kerwin
Publication Date:
09-2016
Content Type:
Working Paper
Institution:
Center for Migration Studies of New York
Abstract:
The Center for Migration Studies of New York (CMS), a nonpartisan think tank/educational institute focusing on the study of international migration, and the Scalabrini International Migration Network (SIMN), a not-for-profit organization focusing on protection and development programs for migrants, traveled to El Salvador, Guatemala, and Mexico from August 15 to 22 to visit migrant shelters operated by the religious Congregation of the Missionaries of St. Charles Borromeo, Scalabrinians. The delegation toured migrant detention and return facilities, met with public officials and nongovernmental organizations (NGOs), and assessed how the US-Mexico policies of deterrence and interdiction have impacted the region and particularly those seeking to flee the record levels of violence in the Northern Triangle states of Central America.
Topic:
Humanitarian Aid, Migration, Regional Cooperation, and Humanitarian Crisis
Political Geography:
United States, Central America, North America, Mexico, Guatemala, and El Salvador

70. The Economic Impacts of Removing Unauthorized Immigrant Workers

Author:
Ryan Edwards and Francesc Ortega
Publication Date:
09-2016
Content Type:
Special Report
Institution:
Center for American Progress - CAP
Abstract:
In every state and in every industry across the United States, immigrants—authorized and unauthorized—are contributing to the U.S. economy. Immigrant labor and entrepreneurship are believed to be powerful forces of economic revitalization for communities struggling with population decline. Estimates suggest that the total number of unauthorized immigrants currently residing in the United States is approximately 11.3 million, or about 3.5 percent of the total 2015 resident population of 324.4 million. Of those 11.3 million, we estimate that 7 million are workers. What is the economic contribution of these unauthorized workers? What would the nation stand to lose in terms of production and income if these workers were removed and returned to their home countries?
Topic:
Economics, Migration, Labor Issues, Border Control, and Immigrants
Political Geography:
North America and United States of America